Zoning by-law amendment for commercial redevelopment upheld; noise and setback concerns dismissed based on expert evidence.
The appellants appealed the Town of Fort Erie's approval of a zoning by-law amendment that permitted the redevelopment of a commercial property to include a restaurant with a drive-thru and a car wash, alongside an existing gas station.
The appellants, who owned an abutting residential property, raised concerns regarding noise, litter, and reduced rear yard setbacks.
The Tribunal accepted uncontested expert evidence in noise and land use planning, finding that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good planning.
The appeal was dismissed.
OLTOntario Land TribunalJun 7, 2023
